Wage & Hour

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Dallas and Fort Worth, Texas unpaid wage claims and attorney fees

If the calls and emails coming into my office are any indication then there is a growing problem with unpaid wages, minimum wage violations, minimum wage tip violations and unpaid overtime pay here in Texas. I am getting a lot of contacts from people with unpaid wages. The Fair Labor Standards Act and the Texas Payday Law regulate payment of wage in Texas. These laws have duplicate requirements; but the Texas Payday Law adds some additional rules that help ensure employees are paid what they are due. These additional rules include provisions setting out how and when employees must receive paychecks....

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When can employers deduct credit card fees from tips in Dallas-Fort Worth? Dallas overtime lawyer explains

Today's society is moving increasingly towards becoming a paperless society. That includes the way we pay for goods and services. It is rare that people pay in cash, especially with the reward systems attached to credit cards. The convenience of throwing down plastic comes with a price, at least to the business owners. Credit card processors charge a fee for processing these transactions. These credit card fees may include per-transaction fees (sometimes called swipe fees) as well as monthly or annual fees. Businesses add these fees back into the cost of goods and services to pass them back to consumers. When...

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Fort Worth employment lawyer: Supreme Court addresses donning and duffing rule under a collective bargaining agreement

On January 27, 2014 the U.S. Supreme Court addressed a narrow exception to the donning and duffing rule. The exception applies to the terms of a collective bargaining agreement under the National Labor Relations Act. Although this issue will affect few Texas employees, it is an important rule for union employees. It is also a key wage consideration for future collective bargaining agreements. Under the Supreme Court's opinion in Sandifer, employees under a collective bargaining agreement may not receive pay for some or all time spent donning and duffing protective attire. What is the donning and duffing rule Over the past several years courts addressed...

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Dallas employment attorney: Overtime pay with personal leave

Overtime rules under the Fair Labor Standards Act and Texas Payday Law result in  improper wage calculations in employment law. Some employers engage in illegal acts to avoid paying overtime. Many fail to fully understand when they must pay overtime and how the calculation of overtime pay must occur. (For a primer on overtime pay, visit this blog post.) Even well-meaning employers underpay employees by failing to understand the overtime provisions of the FLSA and Texas Payday Law. It is not a defense to an unpaid overtime pay claim that the employer meant to pay what it owed. If you believe...

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Texas Payday Law and final paycheck: Dallas overtime lawyer

I often receive questions regarding Texas employees and when they should receive their final paycheck from their employer. In Texas, the law governing the timing of your final paycheck is the Texas Payday Law, which is similar to the federal Fair Labor Standards Act but includes some additional, state-specific rules for employee wages. Under the Texas Payday Law, you must receive your final paycheck under specific deadlines based upon who terminated your employment. If you voluntarily ended your employment (and that includes constructive discharge) then your employer must pay your final wages by the next regular pay day. That means even...

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Fluctuating Work Week FLSA calculations in Dallas and Fort Worth, Texas

The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don't understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v. SettlePou, P.C.. In Black, the Dallas district judge misapplied the fluctuating work week in an unpaid overtime case. An employee, misclassified by her employer as exempt, was shortchanged on overtime pay. The appellate court instructed the district court to use the regular overtime pay calculation instead. Ok,...

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Tipped employees not making minimum wage in Dallas or Fort Worth

Major news outlets today are covering today's strikes by fast food workers demanding higher pay. Although those workers demand an increase in the minimum wage, there are other food service workers subject to minimum wage laws that often do not receive minimum wage, even at today's legal minimum wage rate: tipped employees. Tipped employees receive pay in a unique manner. Rather than receiving all wages, they receive a blend of money from their employer and directly from customers. Although tipped employees in Texas receive most pay from tips, employers are still responsible for ensuring employees receive minimum wage. Unfortunately, many employers take advantage of...

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When can you be a volunteer in the Dallas-Fort Worth area?

The rules around volunteer work under federal and Texas law are not very complicated but commonly misunderstood. Under the Fair Labor Standards Act you cannot volunteer for a for-profit employer performing work for the employer. (Aside from a few professions, such as lawyers and doctors, and exempt employees performing exempt work.) No matter how badly you might want to do the work as a “volunteer” you cannot be a volunteer. The employer must pay you minimum wage and overtime pay (if you work the requisite hours). This is true whether it is your regular employer or some other business. Non-profit volunteers Non-profit...

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Is getting paid by salary better than being paid hourly in Texas?

Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain an overtime exemption to receive a straight annual rate regardless of hours worked. Under this exemption, employees receive an annual salary rather than an hourly wage. Only certain types of employees are exempt under this particular exemption: professional, administrative and executive employees. Your actual job may or may...

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Important Deadlines for Unpaid Wage Claims in Dallas and Fort Worth

can be filed under either federal or state law in Texas. There are some reasons why one may want to choose to pursue a claim under federal or Texas state law. One important consideration for the employee is which process is best for recovering unpaid wages. If you believe you have an unpaid wage claim in Fort Worth, Texas or Dallas, Texas then you should contact a Texas employment lawyers right away. Unpaid wage and overtime pay in Texas under the Fair Labor Standards Act Federal law allows employees to recover unpaid wages for up to two years in the past (sometimes three years)....

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